By Peter Tyson and Simon Riveles On August 19, 2013 the Internal Revenue Service (IRS) launched a new online registration system for financial institutions needing to register with the IRS under the Foreign Account Tax Compliance Act (FATCA). FATCA, which was enacted as part of the Hiring Incentives to Restore Employment (HIRE) Act of 2010 to counter tax evasion, requires foreign financial institutions, which include …
General Solicitation May Trigger State Investment Adviser Registration in Certain States
Background As a consequence of the Jumpstart Our Business Startups Act (“JOBS Act”), beginning September 23, 2013, managers of private funds will be permitted to advertise and solicit the general public in an effort to raise capital for their private fund. While the requirements for investment adviser registration vary from state to state, Florida, Indiana, Louisiana, Michigan, Ohio, Pennsylvania, and Tennessee provide an exemption to …
Private Placements under FINRA Scrutiny
Peter Tyson and Simon Riveles The Financial Industry Regulatory Authority (“FINRA”) announced in its Annual Regulatory and Examination Priorities Letter from January 11, 2013 that it would prioritize policing private placements in 2013. Of particular concern to FINRA is enhancing its risk-based supervision of the private placement market, and addressing inadequate disclosures and due diligence procedures, which can mislead and/or harm investors. FINRA’s announcement is …